Di Okt 17 11:42:02 CEST 2006
Die Hardwareplattform ist wegen des Formfaktors ja schon recht interessant, gibt es die irgendwo noch ohne die restriktiven Vertragsbedingungen ?
> -----Ursprüngliche Nachricht-----
> Von: berlin-bounces at olsrexperiment.de
> [mailto:berlin-bounces at olsrexperiment.de] Im Auftrag von
> Robert Schuster
> Bereitgestellt: Dienstag, 17. Oktober 2006 11:12
> Bereitgestellt in: Public Dump
> Unterhaltung: [Berlin-wireless] Meraki
> Betreff: [Berlin-wireless] Meraki
> ich habe mal der Firma Meraki Networks geschrieben und
> angefragt, ob es da noch Router für uns gäbe. Heute kam auch
> eine Mail mit PDF Anhang, die ein Passwort für den Shop
> beinhaltete. Nachdem ich mich dort eingeloggt hatte, bekam
> ich erstmal einen dicken langen Vetragstext vorgesetzt, der
> es IMHO auch in sich hat.
> Also der Meraki Router kostet im Beta Programm 49$ (Porto:
> keine Ahnung). Es müssen mindestens 3 Stück bestellt werden
> und die enthaltene Meshsoftware soll für 3 Monate in Betrieb
> genommen werden.
> Auf der Homepage tönt es noch ganz toll: "Meraki's hardware
> platforms are open, and we encourage others to modify and
> extend them." oder hier http://meraki.net/openplatform.html.
> Aber im unten kopierten Vertragstext stehen die üblichen
> Verdächtigen: nix reingucken, nix verändern, nix über
> Performance reden. usw.
> Und hier ein paar Fragen:
> Ist der Meraki Router fürs OLSR Experiment interessant genug?
> Würden sich noch zwei Abnehmer für die Meraki Router finden
> (inklusive Einhaltung der Beta Richlinien?)
> Und hier der Schrieb:
> Meraki Networks, Inc.
> Beta Test Agreement
> This Beta Test Agreement (this "Agreement") is a legal
> agreement between you (either an individual or an entity)
> ("You") and Meraki Networks, Inc. ("Meraki
> Networks") regarding the use of Meraki Networks' hardware,
> software, services and any accompanying documentation
> provided hereunder and described below.
> BEFORE YOU CLICK ON THE "I ACCEPT AND AGREE" BUTTON AT THE
> END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS
> OF THIS AGREEMENT. IF YOU ARE A CORPORATION, PARTNERSHIP OR
> SIMILAR ENTITY, THEN THE LICENSE GRANTED UNDER THIS AGREEMENT
> IS EXPRESSLY CONDITIONED UPON ACCEPTANCE BY A PERSON WHO IS
> AUTHORIZED TO SIGN FOR AND BIND THE ENTITY. IF YOU ARE NOT
> AUTHORIZED TO SIGN FOR AND BIND THE ENTITY, THEN CLICK ON THE
> BUTTON MARKED "I DECLINE" AND DO NOT ORDER OR USE THE
> PRODUCT. BY CLICKING ON THE "I ACCEPT AND AGREE" BUTTON, YOU
> ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
> AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
> AGREEMENT, CLICK THE "I DECLINE" BUTTON AND YOU WILL NOT BE
> ABLE TO ORDER THE PRODUCT.
> 1. THE BETA PRODUCTS.
> (a) Meraki Networks has developed certain electronic computer
> equipment and/or software programs, which are more fully
> described in Exhibit A hereto (the "Beta Products"). Upon
> purchase of the Beta Products, Meraki Networks agrees to
> deliver such Beta Products to Tester in exchange Tester's
> agreement to test and evaluate the Beta Products according to
> the terms and conditions set forth below.
> (b) The Beta Products supplied by Meraki Networks to Tester
> are "beta-level"
> products and have not yet met all performance specifications
> established by Meraki Networks for general release and
> shipment to present and potential end-users thereof. Tester,
> therefore, understands that the Beta Products may not perform
> as documented or otherwise represented.
> 2. RESPONSIBILITIES OF TESTER.
> (a) Tester shall be responsible for notifying Meraki Networks
> of any and all functional flaws, errors, anomalies and
> problems directly or indirectly associated with the Beta
> Products, and shall respond to any and all reasonable
> inquiries, questionnaires, surveys and other test documents
> submitted to Tester by Meraki Networks.
> (b) Tester agrees that all right, title and interest to any
> reports, Feedback, or suggestions relating to an improvement
> of the Beta Products or any invention relating to an
> improvement of the Beta Products conceived in or made as a
> result of Tester's performance of this Agreement shall become
> the exclusive property of Meraki Networks and that Meraki
> Networks may disclose and use such for any purposes
> whatsoever, entirely without obligation of any kind to Tester.
> (c) Tester, shall not disassemble, decompile, reverse
> engineer or otherwise in any way attempt to derive the source
> code of the Beta Products. Tester shall not remove any
> copyright or other proprietary markings.
> (d) Tester shall not release any results of performance
> tests related to the Beta Products to any third party without
> Meraki Networks' prior written consent.
> (e) Tester agrees to pay all incidental costs associated with
> the testing of the Beta Products and incurred during Tester's
> possession of the Beta Products, unless otherwise agreed to
> in writing by both parties.
> 3. RESPONSIBILITIES OF MERAKI NETWORKS.
> Meraki Networks shall repair or adjust the Beta Products to
> meet performance specifications as quickly as is reasonable
> and possible. Meraki Networks further reserves the right to
> alter or adjust performance specifications as it deems
> necessary or desirable.
> 4. RIGHTS AND LICENSES.
> (a) Subject to the terms and conditions of this Agreement,
> Meraki Networks hereby grants Tester a non-exclusive,
> non-transferable, personal, limited license to (i) use the
> hosted network management service provided by Meraki Networks
> and (ii) internally use the Beta Products, solely for testing
> purposes during the Term of this Agreement. Tester agrees
> not to reproduce, sell, transfer or otherwise distribute the
> Beta Products, or any copies thereof, to any third party. The
> Beta Products shall be used only in conformance with Meraki
> Networks' recommended operating environment, and according to
> Meraki Networks' instructions, which may from time to time be
> amended by Meraki Networks, at its sole discretion.
> (b) The release of the Beta Products to Tester does not
> constitute a commercialization of the Beta Products, but
> rather is a release for testing purposes only. Nothing herein
> shall be construed as expressly or impliedly granting any
> license for or right to any patents, copyrights, trademarks,
> or other ideas made, conceived, acquired or owned by Meraki
> Networks. Meraki Networks reserves all rights not expressly granted.
> (c) Tester shall promptly provide to Meraki Networks, in
> writing where available, any relevant feedback on the
> functionality and performance, or any test results, of the
> Beta Products ("Feedback"). Meraki Networks shall own all
> Feedback relating to the Beta Products, and any modifications
> or derivatives of the Beta Products. Tester hereby assigns
> to Meraki Networks all rights in and to the Feedback and
> agrees that Meraki Networks shall have the right (by not the
> obligation) to use such Feedback and related information in
> any manner Meraki Networks deems appropriate. Tester agrees
> to be listed as a beta customer of Meraki Networks in
> advertisements and other marketing materials, cooperate with
> Meraki Networks in the release of a press release concerning
> the relationship set forth herein and participate with Meraki
> Networks in the drafting of a "white paper" concerning
> Tester's use of the Beta Products.
> 5. LIMITATION OF LIABILITY.
> (A) THE BETA PRODUCT(S) ARE PROVIDED "AS IS" WITHOUT ANY
> WARRANTY OF ANY KIND WHATSOEVER. MERAKI NETWORKS DOES NOT
> WARRANT THAT BETA PRODUCTS WILL SATISFY TESTER'S
> REQUIREMENTS, THAT BETA PRODUCTS ARE WITHOUT DEFECT OR ERROR
> OR THAT THE OPERATION OF BETA PRODUCTS WILL BE UNINTERUPTED.
> MERAKI NETWORKS DISCLAIMS ANY AND ALL REPRESENTATIONS OR
> WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, MADE WITH
> RESPECT TO BETA PRODUCTS, INCLUDING WITHOUT LIMITATION ANY
> IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR
> FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE BETA
> PRODUCTS OR ANY INFORMATION RELATING THERETO OR CONTAINED
> THEREIN WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET
> OR TRADEMARK OF ANY THIRD PERSON. MERAKI NETWORKS DOES NOT
> WARRANT IN ANY WAY THAT IT WILL COMMERCIALLY RELEASE THE BETA
> (B) TESTER SHALL HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE
> PROTECTION OF ITS DATA USED IN CONNECTION WITH THE BETA
> PRODUCTS. MERAKI NETWORKS IS NOT RESPONSIBLE FOR ANY LOSS OF
> PROFITS, LOSS OF DATA, OR COST OF COVER. MERAKI NETWORKS
> DISCLAIMS AND REJECTS ANY LIABILITY TO TESTER, OR ANY OTHER
> INDIVIDUAL OR ENTITY, FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE
> FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES
> ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE
> BETA PRODUCTS, EVEN IF MERAKI NETWORKS HAS BEEN ADVISED OF
> THE POSSIBLITY OF SUCH DAMAGES. MERAKI NETWORKS' ENTIRE
> LIABILITY AND TESTER'S EXCLUSIVE REMEDY FOR DIRECT DAMAGES
> UNDER THIS AGREEMENT IS LIMITED TO THE GREATER OF THE AMOUNT
> ACTUALLY PAID BY TESTER TO LICENSE THE APPLICABLE BETA
> PRODUCTS OR $100.
> (C) THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE
> FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
> 6. CONFIDENTIALITY.
> (a) "Confidential Information" means any information
> disclosed by either party, either directly or indirectly, in
> writing, orally or by inspection of tangible objects, which
> is designated as "Confidential," "Proprietary," or some
> similar designation. Tester hereby acknowledges and agrees
> that the Beta Products and Feedback are Confidential
> Information of Meraki Networks. Information communicated
> orally will be considered Confidential Information if such
> information is confirmed in writing as being Confidential
> Information within a reasonable time after the initial
> disclosure. Confidential Information may also include
> information disclosed to a disclosing party by third parties.
> (b) Confidential Information does not, however, include
> information that (i) is known to the receiving party prior to
> or at the time of its disclosure, as evidenced by written
> records, (ii) is or becomes publicly known through no
> wrongful act of the receiving party, (iii) is lawfully
> received from a third party without a breach of any
> restrictions, (iv) is furnished to any third party by Meraki
> Networks without similar restrictions as contained herein,
> (v) is independently developed by the receiving party, or
> (vi) is required by law to be disclosed by the receiving
> party, provided that the receiving party gives the disclosing
> party prompt written notice of such requirement prior to such
> disclosure and assistance in obtaining an order protecting
> the information from public disclosure.
> (c) All Confidential Information disclosed to Tester shall be
> kept confidential.
> The receiving party agrees that it will not, directly or
> indirectly, make use of or divulge the Confidential
> Information to any third party. Tester shall use its best
> efforts to prevent the publication or disclosure of the
> Confidential Information or any information concerning the
> business, accounts or finances of, or any of the methods of
> doing business used by Meraki Networks or of the dealings,
> transactions, or affairs of Meraki Networks or any of its
> customers which have or which may have come to Tester's
> knowledge during the term of this Agreement. Tester shall
> promptly notify Meraki Networks if it becomes aware of any
> unauthorized disclosure or use of the Confidential Information.
> 7. TERM AND TERMINATION.
> (a) This Agreement shall begin on the date of its execution
> by Meraki Networks and shall remain in force and effect until
> either (i) the Beta Products meet performance specifications
> established by Meraki Networks and are made commercially
> available generally to end users, (ii) the date which follows
> 120 days after the effective date of this Agreement or (iii)
> any termination date of this Agreement. All provisions of
> confidentiality and ownership as set forth in this Agreement
> shall survive any termination or expiration of this Agreement.
> (b) Either party may terminate this Agreement at any time,
> for any reason, by giving written notice to Meraki Networks.
> (c) Upon any termination, Tester shall cease all use of the
> hosted network management service, and all licenses granted
> hereunder shall immediately terminate. Notwithstanding the
> foregoing, Tester is not obligated to return the Beta Product
> to Meraki Networks. If a commercial product is announced,
> replacing a Beta Product, and Tester desires to acquire a
> license to use such commercial product, then Tester must
> convert the Beta Product to a license on Meraki Networks'
> license terms and fees in effect at the time of conversion.
> 8. MISCELLANEOUS.
> (a) Tester acknowledges and agrees that Meraki Networks is
> under no obligation to provide any maintenance releases,
> updates or new versions of Beta Products ("Updates"), and any
> such Updates shall be provided by Meraki solely at Meraki
> Networks' option. Meraki Networks does not guarantee that the
> Beta Products will become a commercially available product.
> If a commercially available product is announced replacing a
> Beta Product, Meraki Networks does not guarantee that the
> commercially available product will be similar in
> functionality to the comparable Beta Product version licensed
> under this Agreement. This Agreement creates no obligation on
> behalf of Tester to license any such commercially available product.
> (b) This Agreement contains the entire agreement between the
> parties pertaining to the subject matter hereof. Any
> modifications or amendments to this Agreement must be
> consented to in writing by both parties. If any part of this
> Agreement is found to be invalid or unenforceable, that part
> will be modified to the extent necessary to eliminate its
> invalidity or unenforceability and the remaining terms will
> be in full force and effect.
> (c) Tester hereby acknowledges that unauthorized disclosure
> or use of the Beta Products and/or Confidential Information
> will cause substantial and irreparable injury to Meraki
> Networks, that money damages would not adequately compensate
> for such injury, and that Meraki Networks therefore is
> entitled to, among other remedies, immediate injunctive and
> other equitable relief for any breach of this Agreement.
> (d) This Agreement shall be binding upon and shall inure to
> the benefit of the parties, their successors, legal
> representatives and assigns. Notwithstanding the foregoing,
> Tester shall not assign its rights or obligations hereunder
> without the prior written consent of Meraki Networks.
> (e) In the event of a dispute regarding this Agreement, the
> prevailing party shall be entitled to recover reasonable
> attorney's fees and costs incurred in enforcing its rights hereunder.
> (f) Nothing in this Agreement will be construed as creating
> a joint venture, partnership or principal/agent relationship
> between the parties.
> (g) The software in the Beta Products and any related
> documentation is deemed to be "commercial computer software"
> and "commercial computer software documentation,"
> respectively, pursuant to DFAR Section 227.7202 and FAR
> Section 12.212, as applicable. Any use, modification,
> reproduction, release, performing, displaying or disclosing
> of such software or documentation by the U.S.
> government shall be governed solely by the terms of this
> Agreement and will be prohibited except to the extent
> expressly permitted by the terms of this Agreement.
> (h) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED
> PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA. THE PARTIES
> HEREBY IRREVOCABLY CONSENT TO THE PERSONAL AND EXCLUSIVE
> JURISDICTION OF THE COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA.
> (i) Should you have any questions relating to this
> Agreement, or if you desire to contact Meraki Networks for
> any reason, please call 650.641.3280 or email sales at meraki.net.
> EXHIBIT A
> PRODUCT DESCRIPTION
> Meraki Networks Mini access point includes:
> * 802.11 b/g access point
> * Wireless mesh capability
> * Range extension capability
> * 1 external detachable antenna
> * FCC and CE certified
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